Mrs. Supriya Girish Rao v. State Transport Corporation
Shubhada S Kadam fa-416-2012.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 416 OF 2012 Supriya Girish Rao ... Appellant versus State Transport Corporation and ors.
.... Respondents Ms. Bhavika Shinde i/b. Mr. Umesh Mankapure, Advocate for the Appellant.
Ms. Pinky Bhansali, Advocate for respondent No.1-Corporation. CORAM : SHIVKUMAR DIGE, J.
DATE : 3rd OCTOBER, 2024.
P.C. :
1.
Not on board.
2.
This matter is taken out for speaking to the minutes. 3.
Learned counsel for the appellant submits that this Court by judgment and order dated 24th April 2024 has allowed first appeal filed by the appellant and directed the respondent No.1-Corporation to deposit the enhanced amount but since the Trial Court has exonerated the respondent-Corporation from paying compensation, the compensation has to be recovered jointly and severally from respondent Nos.2 and 3. Hence, requested for correction.
Digitally signed by SHUBHADA SHANKAR KADAM Date:
2024.10.04 15:10:37 +0530 4.
It appears from record that this appeal was on final hearing SHUBHADA SHANKAR KADAM board and the matter was adjourned as counsel for respondent Nos.2 and 1/2
Shubhada S Kadam fa-416-2012.doc 3 were not present but thereafter also they did not appear and since the appeal was of the year 2012, this Court decided the matter on merit. 5.
Considering these facts, clause No.(iii) of the operative portion of the judgment and order is modified as under: (iii) Respondent Nos.2 and 3 shall jointly and severally deposit the enhanced amount along with accrued interest thereon.
So also the word "enhanced" appearing in 1st paragraph be replaced with word "enhancement" and following sentence be added as paragraph No.2 and rest of the paragraphs be numbered correctly : "2.
This matter is on final hearing board since last several dates and none appears for respondent No.2 and 3, hence, I am deciding this matter on merits".
6.
The judgment dated 24th April 2024 be corrected in above terms and corrected judgment be uploaded on the official website. (SHIVKUMAR DIGE, J.) 2/2